BNS Section 140: Kidnapping Or Abducting in Order To Murder or for Ransom, etc
Section 140 of BNS is part of Chapter 6 - Offences affecting the human body or offences affecting life in Bharatiya Nyaya Sanhita 2023 Act. This provision targets offenders who exploit victims through force, coercion, or deceit for personal gain or to inflict harm. By criminalising such acts, Section 140 aims to protect individuals from severe threats to their safety and uphold the rule of law.
Definition of BNS Section 140
Section 140 of the BNS 2023 States:
(1) Whoever kidnaps or abducts any person in order that such person may be murdered or may be so disposed of as to be put in danger of being murdered, shall be punished with imprisonment for life or rigorous imprisonment for a term which may extend to ten years, and shall also be liable to fine. Illustrations.
(a) A kidnaps Z from India, intending or knowing it to be likely that Z may be sacrificed to an idol. A has committed the offence defined in this section.
(b) A forcibly carries or entices B away from his home in order that B may be murdered. A has committed the offence defined in this section.
(2) Whoever kidnaps or abducts any person or keeps a person in detention after such kidnapping or abduction, and threatens to cause death or hurt to such person, or by his conduct gives rise to a reasonable apprehension that such person may be put to death or hurt, or causes hurt or death to such person in order to compel the Government or any foreign State or international inter-governmental organisation or any other person to do or abstain from doing any act or to pay a ransom, shall be punishable with death, or imprisonment for life, and shall also be liable to fine.
(3) Whoever kidnaps or abducts any person with intent to cause that person to be secretly and wrongfully confined, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
(4) Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Explanation and Illustration of BNS Section 140
Threats or Harm for Ransom: Whoever kidnaps or abducts a person or detains them after such acts, and threatens to cause death or harm, or creates a reasonable fear of death or injury to compel the government, foreign states, organizations, or individuals to act or pay ransom, shall face punishment, including death or life imprisonment, along with a fine.
Wrongful Confinement: Whoever kidnaps or abducts someone with the intent to secretly and unlawfully confine them shall be punished with imprisonment of up to seven years and may also face a fine.
Grievous Harm or Exploitation: Whoever kidnaps or abducts a person with the intent to subject them to grievous harm, slavery, or unnatural lust, or disposes of them in a way that puts them at such risk, shall face imprisonment of up to ten years and may also be liable to a fine.
Illustrations:
(a) If A kidnaps Z from India with the intent or knowledge that Z may be sacrificed to an idol, A commits the offense as defined under this section.
(b) If A forcibly takes or entices B away from B's home intending to have B murdered, A has committed the offense under this section.
Key Points in Section 140
Kidnapping for Murder (Clause 1):
Kidnapping for Ransom (Clause 2):
Wrongful Confinement (Clause 3):
Grievous Hurt, Slavery, or Unnatural Lust (Clause 4):
Differences Between Section 140 of BNS and its Equivalent IPC Section
This section outlines the key differences between Section 138 of the Bharatiya Nyaya Sanhita 2023 and its equivalent IPC sections 364, 364A , 365 focusing on their distinct approaches to definitions, interpretations, and legal principles within the framework of criminal law.
| BNS Sections/ Subsections | Subject | IPC Sections | Summary of comparison |
|---|---|---|---|
| 140 (1), 140 (2), 140 (3) | Kidnapping or abducting in order to murder, etc, Kidnapping for ransom, etc, Kidnapping or abducting with intent secretly and wrongfully to confine a person. | 364, 364A , 365 | No Change except that IPC section is included as a sub-section in BNS, Section is included as a sub-section in BNS sans heading, Ditto. |
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FAQs about Section 140 of the Bharatiya Nyaya Sanhita (BNS)
What constitutes 'false evidence' under Section 140?
False evidence refers to any statement, document, or material presented in a judicial proceeding that the presenter knows is untrue, with the intent to deceive or mislead the court or investigative authorities.
What is the punishment under Section 140?
The punishment includes imprisonment, which may vary depending on the severity of the offense, along with a potential fine. The severity increases if the false evidence is linked to cases involving grave crimes like murder or treason.
Does Section 140 apply to witnesses?
Yes, Section 140 applies to witnesses who deliberately provide false testimony in court. Such acts undermine the judicial process and may result in penalties as specified under this provision.
Can tampering with electronic evidence invoke Section 140?
Yes, tampering with electronic evidence, such as emails, digital documents, or recorded footage, falls under the ambit of Section 140. Such actions, if proven intentional, attract the prescribed punishments.
What role does intent play in Section 140?
Intent is a critical factor. The prosecution must prove that the accused knowingly provided or manipulated evidence with the intent to mislead or obstruct justice, distinguishing accidental errors from deliberate misconduct.
Does this section protect whistleblowers?
Section 140 does not target whistleblowers who disclose truthful information in good faith. However, if false information is provided under the guise of whistleblowing, penalties may be applied under this provision.
Is forgery covered under Section 140?
Forgery of documents or creating fake evidence specifically for use in legal proceedings can invoke Section 140. Such acts aim to corrupt the judicial process and are penalized accordingly.
